St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-06-15
who was dangerously bitten by the

animal.
SUPREME COURT DECISIONS.
Six decisions were handed down by
the judges of the supreme court yester-
day, the syllabi of which are as follows
Henry b.. sherman, appellant, VS.. W. l..
Gundlock, respondent ,sN
Syllabus-A resident of another state who
has in good faith come into this state to give
evidence as witness in a case here Is ex-
empt from service with summons in civil
action against him, in coming, while in, at
tendance. and for a reasonable time thefe-
after in which to return. Order affirmed "a,
MITCHELL, j.
William Smith, respondent, VS.. The Mime
apolis Il st. Louis Railroad company.
Syllabus-A railway company Is not re-
quired to fence grounds needed and actually
used Tor depot purposes and required by
public necessity and convenience to be left
open following former decision). The
statute requiring railways to be be fenced is
not law for line or partition fences, but u
police regulation, the object of which is to
inclose the roads so that cattle cannot get
upon them; and where station grounds are
required by public necessity or convenience
to be left nninelpsed railway company owes
no duty to III sowner of abutting land to
build fence bSAyeen his land and such sta
ton grounds. Older affirmed.
MITCHELL r.
Dickinson, j., dissents.
George W. Murphy, appellant, VS.. Arthur
Doyle, respondent.
Syilabus-To constitute adverse possession
such as will work disuser of the lawful
pancy of the premises, but what will consti-
tute such occupancy will depend somewhat
upon the nature and situation of the prop
erty and the uses to which it can be applied
Where the occupant entered into possession
under claim of title pending such claim
upon some written instrument as being a
conveyance of the premises, and has been in
continuous occupancy of some part of the
land included in such conveyance for twenty
gears, he will be deemed to have been in adj
verse possession of the whole of such prem
1ses If not in the adverse possession of any
one else, provided they consist of d single
tract OF proper size to be managed and used
in one body according to the usual manner
OF business OF the country. Any instrument,
however defective or Intellectual to convey
title, will be sufficient under this rule if by a
sufficient description it purports to convey
title to the premises. The deed under which
the occupant entered, although void on face,
is admissible in evidence to show the nature
and extent Of the claim of the party who en-
tered under it, Payment of taxes, although
not constituting possession, is competent
evidence of the fact that the party claimed
title. Judgment affirmed. MITCHELL, j.
Charles E. Wales respondent, VS.. New York
Fire Insurance company, appellant.
Syliabus-Where the property has been de-
stroyed by fire before the application for in.
Surance was made and the terms of the con-
tract agreed on, and the insured knew the
fact but did not communicate it to the in
surer, who accepted the risk and issued the
policy in ignorence of it, the policy is void
and will not cover the loss, although ante
dated, as of a date prior to the destruction of
the property Held under the facts of this
case that May Is, three days after the loss
occurred, must be deemed the date when the
application was made and the terms OF the
policy agreed on. Order reversed. -
MITCHELL, j.
Alexander T. Ankeny, assignee of Hans P.
johnson and Morton G. Herrick, partners
as Johnson Herrick, and F. NJ. Herrick,
respondents, VS.. j. B. Moffett and W. H.
Bracket, sheriff, appellants.
Syliabus-The rule that there can be no
contribution among wrong doors applies only
when tie person seeking the contribution
must be presumed to have known that he
was doing an illegal act. A person is not de-
prived of contribution from another-also
originally 1iable-where the ground of
their liability is simple negligence. on the
part OF each In carrying on some lawful bust
ness. Under Gen. Stat. 1875, CHI. &c, Sec
$50, where one of several debtors. against
whom there is a joint Judgment pays more
than his proportion, and files notice of his
payment and claim to contribution, he lis
ipse facto subrogated to the right of the
judgment creditor in the Judgment, and may
issue execution therein to enforce contribu-
ton from the other judgment debtors. To
entItie person to the rights of contribution
and subrogation under this strtute it. is not
levied upon beforehe paid the Judgment.
Order reversed. MITCHELL ].
Hannah A. Deakin, appellant, VS.. o. W. Tn
derwood. respondent
Syllacus-The rule that when an authority
to do an act is conferred upon several agents
all must join in its execution, has no applica-
ton where the authority is conferred upon.
partnership. In such case each partner may
execute, and the act of the firm and in strict
pursuance of the power. The power to exc
cute a contract was given to firm. The
member of the firm. who signed the.
principals name added his own in
dlvldual name and not the name
OF the firm as agent. Held that the
principal was bound. The agent could have
effectually bound the principal by simply
liking to the contract the name of the princi-
pal alone. When an agent is authorized to-
sell land-'One-haf payable on or before one
year'-a contract to sell one-half payable in
one year is in pursuance of the authority; the
legal rights of the vendor being the same in.
either case. When the obligor in contract
for the sale of land justifies a refusal to per-
form under provision in the contract
authorizing him to declare void lin case the
title cannot be made good" the burden is
upon him to prove. that fact. Where the
alleged defect is a sale of the land for taxes
he must prove that the period for redemption
has expired. Order reversed
MITCHELL, j.
yesterdays CASES.
Nick. Weber ct al. VS.. A. j. Timlin;
argued and submitted.
Browning Nichols VS.. II. Walten ct
al. same.